State responds to activist’s anti-SAFE lawsuit

The state Attorney General’s office has filed its response to Capitol Region conservative activist Bob Schulz’s lawsuit over the legality of the NY SAFE Act. Schulz argues that the use of a “message of necessity” to speed the bill through the Legislature renders it unconstitutional. The state’s response looks at the long history of such messages as says, in essence, It was ever thus.

The major points made in the state’s filing:

Messages of necessity aren’t subject to judicial review in the circumstances described by Schulz.

Schulz’s suit argues that the SAFE Act is unconstitutional on its face, which is not the preferred method for bringing a constitutional challenge.

Even if he hadn’t brought a merely “facial” constitutional challenge, Schulz is unlikely to prevail because the SAFE Act follows in the long tradition of state gun control laws.

Schulz can’t challenge SAFE as a taxpayer because it’s a broad policy, not an expenditure.

He can’t sue Gov. Andrew Cuomo or lawmakers because their immune from legal action under the state Constitution’s Speech and Debate clause.